[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22613]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 980

[FV94-980-1FR]

 

Vegetables; Import Regulations Modification of Regulatory Time 
Periods for Imported Onions and Establishment of Requirements for Red 
Variety Onions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule modifies the time periods when imported onions 
are regulated based on the grade, size, quality and maturity 
requirements of the South Texas onion and Idaho-Eastern Oregon onion 
marketing orders. This rule also establishes import requirements for 
red variety onions based on South Texas requirements. The changes are 
needed to make the onion import requirements consistent with changes to 
the South Texas onion marketing order, as required by section 8e of the 
Agricultural Marketing Agreement Act of 1937 (Act).

EFFECTIVE DATE: October 13, 1994.

FOR FURTHER INFORMATION CONTACT: Robert F. Matthews, Marketing 
Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, Room 
2525-S, P.O. Box 96456, Washington, DC 20090-6456: telephone: (202) 
690-0464, Fax (202) 720-5698.

SUPPLEMENTARY INFORMATION: This rule is effective under section 8e of 
the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C. 
601-674], hereinafter referred to as the Act.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any state or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this final rule.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has considered the economic impact of this action on small 
entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. There are approximately 
75 importers of onions who will be affected by this final rule. Small 
agricultural service firms, which include onion importers, have been 
defined by the Small Business Administration [13 CFR 121.601] as those 
having annual receipts of less than $5,000,000. The majority of onion 
importers may be classified as small entities.
    Import regulations issued under the Act are based on regulations 
established under Federal marketing orders to regulate domestically 
produced products. Thus, this final rule has small entity orientation, 
and impact on both small and large business entities in a manner 
comparable to rules issued under marketing orders. This rule modifies 
the dates when imported onions, including red variety onions, are 
regulated based on requirements of the South Texas onion and Idaho-
Eastern Oregon onion marketing orders.
    Section 8e provides that whenever certain specified commodities, 
including onions, are regulated under a Federal marketing order, 
imports of that commodity must meet the same or comparable grade, size, 
quality, and maturity requirements as those in effect for the 
domestically produced commodity. The Act further provides that when two 
or more marketing orders covering the same commodity are concurrently 
in effect, imports will be subject to the requirements established for 
the commodity grown in the area with which the imported commodity is in 
most direct competition.
    Marketing Order No. 958 regulates onions grown in certain counties 
of Idaho and Eastern Oregon and Marketing Order No. 959 regulates 
onions grown in South Texas. Fresh onion shipments from Idaho-Eastern 
Oregon are regulated throughout the year, while onion shipments from 
South Texas were regulated from March 1 through May 20 each year. On 
the basis of past shipment data, the Secretary of Agriculture 
(Secretary) had determined that onions imported during the March 10 
through May 20 period were in most direct competition with onions grown 
in South Texas and found that the minimum grade, size, quality, and 
maturity requirements for onions imported during that period should be 
the same as those established for South Texas onions under Marketing 
Order No. 959. The Secretary further determined that onions imported 
during the May 21 through March 9 period were in most direct 
competition with onions grown in Idaho-Eastern Oregon and that the 
minimum grade, size, quality, and maturity requirements for onions 
imported during that period should be the same as those established for 
Idaho-Eastern Oregon onions under Marketing Order No. 958.
    Based on a recommendation of the South Texas Onion Committee 
(committee), the agency responsible for local administration of 
Marketing Order No. 959, the Department has extended the end of the 
South Texas regulatory period from May 20 to June 15. The Fruit and 
Vegetable Division's Market News Service has reported no onion 
shipments of commercial quantities from the Idaho-Eastern Oregon 
production area during June from the 1990 through 1993 period, and only 
one year during this period, 1993, were onion shipments recorded during 
May. Therefore, onions imported during the period March 10 through June 
15 are in most direct competition with those produced in South Texas.
    Thus, now that the change in the regulatory period for South Texas 
onions is effective, a corresponding change must be made in the onion 
import regulation so that the requirements established under the South 
Texas marketing order will be the determining requirements for onions 
imported during the May 21 through June 15 period. Currently, imports 
of onions during that period are required to meet minimum requirements 
based on those established under the Idaho-Eastern Oregon marketing 
order. This rule changes onion import requirements to be the same as 
the South Texas requirements during that period. With that adjustment, 
the onion import requirement will be based on the requirements for 
South Texas onions during the period March 10 through June 15, and will 
be based on the requirements for Idaho-Eastern Oregon onions during the 
June 16 through March 9 period.
    Red onion varieties are subject to minimum grade, size, quality, 
and maturity requirements under the Idaho-Eastern Oregon marketing 
order, but those requirements are not in effect for imported red onions 
during the South Texas regulatory period. However, based on a 
recommendation of the committee, the Department has established minimum 
requirements for red onion varieties grown in the South Texas 
production area. Since South Texas red onion varieties are regulated, 
red onions, imported from March 10 to June 15 shall be required to 
grade at least U.S. No. 1 with a 20 percent defect allowance and 1 and 
3/4 inch minimum diameter. This requirement will be in effect through 
June 15 as the South Texas regulatory period has been extended to June 
15.
    A Notice of this rule was published in the June 29, 1994, issue of 
the Federal Register [59 FR 33453]. Interested persons were invited to 
file written comments with respect to the proposal until July 29, 1994. 
No comments were received.
    Based on these considerations, the Administrator of the AMS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities.
    In accordance with section 8e of the Act, the U.S. Trade 
Representative has concurred with the issuance of this final rule.
    After consideration of all relevant material presented, including 
the proposal submitted by the committee, and other information, it is 
hereby found that this regulation, as hereinafter set forth, will tend 
to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 980

    Food grades and standards, Imports, Marketing agreements, Onions, 
Potatoes, Tomatoes.

    For the reasons set forth in the preamble, 7 CFR Part 980 is 
amended as follows:
    1. The authority citation for 7 CFR Part 980 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

PART 980--VEGETABLES; IMPORT REGULATIONS


Sec. 980.117  [Amended]

    2. In Sec. 980.117, paragraph (a)(2) is amended by removing the 
words ``May 21'' and adding in its place ``June 16'' and by removing 
the words ``May 20'' and adding in its place ``June 15''; paragraph 
(b)(1) is amended by removing the words ``May 21'' and adding in its 
place ``June 16''; and paragraph (b)(2) is amended by removing the 
words ``May 20'' and adding in its place ``June 15''.

    Dated: September 8, 1994.
Eric M. Forman,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 94-22613 Filed 9-12-94; 8:45 am]
BILLING CODE 3410-02-P